- Personal Injury Lawyer
- Case Settlements
Football fans may have heard about the many legal battles fought against the NFL and NCAA this year and in very recent years. Concussions and other brain injury accidents are very common among athletes, so where did the controversy come from?
Awareness of a progressive degenerative disease called chronic traumatic encephalopathy (CTE) began in the mid-1990s. CTE is caused by repeated blows to the head, such as those that occur in football, boxing and rugby. Symptoms typically appear 8-10 years after the period of head trauma and include:
Since the disease is definitively diagnosed post-mortem, knowledge of its prevalence has unfolded gradually.
In late 2014, researchers with Boston University announced that in autopsies of 79 brains of former NFL players, 76 had tested positive for CTE. As of November 2016, 90 of 94 former NFL players had been diagnosed post-mortem with CTE.
In 1994, the NFL formed the Mild Traumatic Brain Injury (MTBI) Committee for the purpose of studying the effects of concussions and sub-concussive injury in NFL players. However, the chair of the committee was admittedly under-qualified and the collected data was discovered to be “deeply flawed“.
The NFL ended a class-action lawsuit brought by 4,500 personal injury claims with a $900 million settlement. Their willingness to settle out of court for such a high amount has led many to speculate what other incriminating information might have been uncovered in court.
There are still numerous lawsuits pending against the NCAA. It’s alleged that schools and conferences have known for years about the harmful long-term effects of sports-related concussions, but concealed the information in order to maintain a high profit. They have been accused of encouraging players to return to the game after suffering concussions.
Though players must typically sign a release acknowledging the dangers of high-contact sports, “waivers of liability and releases don’t relieve a proprietor from liability due to wanton or willful misconduct”, to paraphrase a judge in this article.
Unfortunately, concussions are extremely common with high school athletes who suffer thousands of them every year. Football accounts for 47 percent of all reported high school sports concussions, with ice hockey and soccer following up.
The Center for Disease Control researched and released the following concussion-related statistics:
A concussion is identified when the individual’s mental status changes as a result of trauma (usually a blow to the head). A person who shows signs of mental confusion has likely suffered a concussion. Signs and symptoms of a concussion may include:
When a concussion is suspected, the symptoms should not be ignored. Do not allow your child to return to play until he or she has been medically evaluated by a qualified health care professional.
If you or your child has already suffered from a sports-related injury, it may have been due to negligence on the part of the school, the conference, or the coach. Contact our office for a free consultation with an experienced brain accident lawyer.
If a negligent driver causes a commercial truck accident, the trucking company can be burdened with vicarious liability torts. The company can be held liable for the driver’s negligence under the legal tenet known as respondeat superior, a Latin phrase that translates as “let the superior make the response.” This concept transfers the truck driver’s […]
Tort liability in personal injury cases is most often based on acts of negligence, but there are exceptions. Sometimes the responsible party is held to the strict liability tort standard, meaning that a finding of negligence or malicious intent is not required. The most common types of strict liability tort cases are based on: Product […]
A negligence-based lawsuit against a school can have unique complications, depending on the type of institution it is. Overall, teachers, school administrators, and other staff have a “duty of care,” meaning they must take reasonable steps to avoid and prevent circumstances likely to cause personal injury to a student. Some reasons you might want to […]